The State Secrets Privilege: Relying on Reynolds
Louis Fisher analyzes the state secrets privilege, which permits the executive branch to withhold certain documents requested in litigation. In examining United States v. Reynolds (1953), the first Supreme Court case to recognize and uphold the privilege, he concludes that the decision presented an incoherent policy leading to judicial abdication and that the executive branch misled the Court on the content of key documents.
The Discretionary President: The Promise and Peril of Executive Power, Benjamin Kleinerman Reviewed by Louis Fisher
A Culture of Deference: Congress, the President, and the Course of the U.S.-Led Invasion and Occupation of Iraq, F. Ugboaja Ohaegbulam Reviewed by Louis Fisher
Executive Orders and the Modern Presidency: Legislating from the Oval Office, Adam L. Warber Reviewed by Louis Fishermore by this author
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The Powell Doctrine
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PERSPECTIVES ON PRESIDENTIAL ELECTIONS, 1992–2020
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